Bill Text: NY A05531 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes voting by proxy at a judicial district convention due to novel coronavirus, COVID-19.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-25 - amended on third reading 5531a [A05531 Detail]

Download: New_York-2021-A05531-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5531

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Election Law

        AN ACT to amend the election law, in relation to voting by  proxy  at  a
          judicial  district  convention due to novel coronavirus, COVID-19; and
          providing for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  6-124 of the election law, as amended by chapter
     2  876 of the laws of 1977, is amended to read as follows:
     3    § 6-124. Conventions; judicial.  1.  A  judicial  district  convention
     4  shall  be constituted by the election at the preceding primary of deleg-
     5  ates and alternate delegates, if any, from each assembly district or, if
     6  an assembly district shall contain all or part of two or  more  counties
     7  and if the rules of the party shall so provide, separately from the part
     8  of  such assembly district contained within each such county. The number
     9  of delegates and alternates, if any, shall be determined by party rules,
    10  but the number of delegates shall be substantially  in  accordance  with
    11  the  ratio,  which  the number of votes cast for the party candidate for
    12  the office of governor, on the line or column of the party at  the  last
    13  preceding election for such office, in any unit of representation, bears
    14  to  the total vote cast at such election for such candidate on such line
    15  or column in the  entire  state.  The  number  of  alternates  from  any
    16  district shall not exceed the number of delegates therefrom.  The deleg-
    17  ates  certified  to have been elected as such, in the manner provided in
    18  this chapter, shall be conclusively entitled to their seats, rights  and
    19  votes as delegates to such convention. When a duly elected delegate does
    20  not attend the convention, his place shall be taken by one of the alter-
    21  nates,  if any, to be substituted in his place, in the order of the vote
    22  received by each such alternate as such vote appears upon the  certified
    23  list  and  if  an  equal  number of votes were cast for two or more such
    24  alternates; the order in which  such  alternates  shall  be  substituted

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09710-01-1
        A. 5531                             2

     1  shall  be  determined by lot forthwith upon the convening of the conven-
     2  tion. If there shall have been  no  contested  election  for  alternate,
     3  substitution  shall  be in the order in which the name of such alternate
     4  appears  upon  the  certified list, and if no alternates shall have been
     5  elected or if no alternates appear at such convention, then  the  deleg-
     6  ates  present  from  the  same district shall elect a person to fill the
     7  vacancy.
     8    2. Notwithstanding subdivision  one  of  this  section  or  any  other
     9  provision  of  law,  rule  or  regulation  to the contrary, where a duly
    10  elected delegate may not attend the convention due to the state disaster
    11  of emergency due to novel coronavirus, COVID-19, such  delegate's  place
    12  shall not be substituted by an alternate and instead such delegate shall
    13  be entitled to vote by proxy.
    14    §  2.  This  act shall take effect immediately and shall expire and be
    15  deemed repealed December 31, 2021.